La Quinta Municipal Code Ch. 5.38 Parking Attendants

For purposes of this chapter, certain words and phrases shall be construed as set forth in this section, unless it is apparent from the context that a different meaning is intended.

"Operator" means any person, firm or corporation engaging in the activity of parking of vehicles for patrons or guests of a business whether the operator is employed by or is under contract to, the business for which the vehicles are being parked.

"Public right-of-way" means any area dedicated to public use for public street, pedestrian way or other public purposes, or which includes, but is not limited to, roadways, parkways, alleys, sidewalks and pedestrian ways.

(Ord. 526 § 8, 2015; Ord. 10 § 1, 1982)

No person shall, as an "operator" as that term is defined in Section 5.38.010, conduct any activity involving the movement of a vehicle by the operator on or over any public right-of-way or publicly owned property, unless there has first been obtained from the city manager a permit, as provided in this chapter, which permit is in full force and effect.

(Ord. 526 § 8, 2015; Ord. 10 § 1, 1982)

No operator, unless possessing a permit expressly allowing them to be done, shall commit or do any of the following acts:

A. Receive, take possession of (for purposes of parking or temporary storage until return of same to the patron or guest) or move a patron's or guest's vehicle, upon any portion of a public right-of-way or other public property;

B. Park and leave standing any patron's or guest's vehicle upon any portion of a public right-of-way or other public property (including any publicly owned off-street parking space).

(Ord. 526 § 8, 2015; Ord. 10 § 1, 1982)

No operator shall park any patron's or guest's vehicle upon private property without express authorization by the owner or other person in charge of the private property.

(Ord. 526 § 8, 2015; Ord. 10 § 1, 1982)

An application for a permit pursuant to this chapter shall be filed with the city manager or designee. There shall be submitted such information as the city manager deems necessary in order to evaluate and act upon the permit application. Each application shall include, in general, at least the following basic information in writing: an outline of the method of operating the vehicle-parking service including, but not limited to, the hours of operation, the number of employees, the location(s) from which vehicles will be picked up, and to which they will be delivered to the patrons or guests, the location(s) where vehicles will be stored or placed, and the location(s) of any proposed signs and any proposed attendant stands.

(Ord. 526 § 8, 2015; Ord. 10 § 1, 1982)

Each applicant for a permit under this chapter, and each person filing any appeal pursuant to provisions of this chapter, shall pay at the time of filing the application or appeal a processing fee or fees in an amount or amounts as may have been established by resolution of the city council.

(Ord. 526 § 8, 2015; Ord. 10 § 1, 1982)

Permits as applied for shall be issued by the city manager or designee, provided it appears that all requirements of this chapter and of other applicable ordinances and laws have been, and will appropriately be, met fully by the applicant, and that the permit can be issued subject to prescribed conditions adequate to assure that there will be no undue interference with normal traffic flow on public rights-of-way, and otherwise to protect the public safety and other persons' property rights and their rights to coequal use and enjoyment of public property. Any permit application may be denied if the city manager concludes it cannot be issued subject to such safeguards.

(Ord. 526 § 8, 2015; Ord. 10 § 1, 1982)

The issuance of any permit pursuant to this chapter shall, if appropriate, have conditions attached thereto adequate to meet the public purposes referred to in Section 5.38.070, and the city manager or designee shall have discretionary authority to prescribe any such necessary or appropriate conditions, including primary insurance coverage with city-approved coverage amounts and with the city named as additionally insured.

(Ord. 526 § 8, 2015; Ord. 10 § 1, 1982)

A. Any permit granted pursuant to the provisions of this chapter may be revoked or modified by the city manager for any of the following grounds or reasons:

1. Any acts done under the permit have interfered or tended to interfere with the normal flow of vehicular or pedestrian traffic on any public right-of-way;

2. The permittee or permittee's employees have failed to comply with the provisions of the city's sign ordinance, or with conditions attached to the permit relating to sign control;

3. There was given any false or fictitious information in connection with the application for the obtaining of the permit;

4. There has been a violation of or a failure to comply with any condition attached to the permit or any provision or regulation of this chapter or of any other applicable rules or regulations;

5. The character or moral integrity of the permittee or permittee's employees is determined inimical to the public safety or general welfare of the community;

6. Any other reason exists for which the permit might have been lawfully denied in the first instance, or that for any reason the continued operations under the permit will be inimical to the public safety or general welfare of the community.

B. Such a revocation or modification of a permit shall be made only after opportunity has been granted to the permittee for a due process hearing before the city manager or designated agent pursuant to Sections 2.08.180 through 2.08.230 of this code.

C. Upon the failure of the permittee to respond to the opportunity for hearing after issuance of the notice of the hearing, the permit may be revoked, or may be modified in such particulars as are deemed necessary in the public interest, and any such revocation or modification shall be effective upon notice or knowledge thereof being received by the permittee pursuant to Section 1.01.300 of this code.

D. Any such revocation or modification of any permit may be in addition to any penalties otherwise provided for by law.

(Ord. 526 § 8, 2015; Ord. 10 § 1, 1982)

Any person aggrieved by, dissatisfied with, or excepting to any action, denial, order, requirement, condition, permit, decision or determination made by the city manager or designee in administering the provisions of this chapter may appeal to the city council pursuant to Sections 2.04.100 to 2.04.130 of this code. Upon any failure to file the written appeal within the time allowed, the action of the city manager or designee shall be final and conclusive.

(Ord. 526 § 8, 2015; Ord. 10 § 1, 1982)